Superannuation (prudential standard) determination No. 4 of 2024
Prudential Standard SPS 520 Fit and PropPrudential Standard SPS 520 Fit and Proper
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Prudential Standard SPS 520 Fit and Proper
Objectives and key requirements of this Prudential Standard
This Prudential Standard sets out minimum requirements for RSE licensees in determining the fitness and propriety of individuals to hold positions of responsibility. Its objective is to ensure that an RSE licensee prudently manages the risks posed to its business operations by having persons acting in responsible positions who are not fit and proper.
The ultimate responsibility for ensuring the fitness and propriety of the responsible persons of an RSE licensee rests with its Board of directors.
Persons who are responsible for the management and oversight of an RSE licensee’s business operations need to have appropriate skills, experience and knowledge, and act with honesty and integrity. These skills and qualities strengthen the protection afforded to beneficiaries and other stakeholders. To this end, RSE licensees need to prudently manage the risk that persons in positions of responsibility might not be fit and proper.
The key requirements of this Prudential Standard are:
an RSE licensee must have and implement a Fit and Proper Policy that meets the requirements of this Prudential Standard;
the fitness and propriety of a responsible person must generally be assessed prior to initial appointment and then re-assessed annually;
an RSE licensee must take all prudent steps to ensure that a person is not appointed to, or does not continue to hold, a responsible person position for which they are not fit and proper;
additional requirements must be met for RSE auditors and RSE actuaries; and
certain information must be provided to APRA regarding responsible persons and the RSE licensee’s assessment of their fitness and propriety.